B-199750, AUG 13, 1980
Highlights
DIGEST: PROTEST FILED AFTER BID OPENING WHICH ALLEGES RESTRICTIVE SPECIFICATIONS IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND. DATA'S PROTEST WAS FILED (I.E. BIDS WERE TO BE OPENED ON JULY 24. WE ARE ADVISED THAT THE PROTEST TO THE CONTRACTING ACTIVITY WAS NOT RECEIVED PRIOR TO BID OPENING. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. IT RELATES TO AN ALLEGED IMPROPRIETY IN THE SOLICITATION WHICH WAS APPARENT FROM THE IFB PRIOR TO BID OPENING AND ANY SUCH PROTEST FILED THEREAFTER IS NOW UNTIMELY AND NOT FOR OUR CONSIDERATION. THE PROTEST IS DISMISSED.
B-199750, AUG 13, 1980
DIGEST: PROTEST FILED AFTER BID OPENING WHICH ALLEGES RESTRICTIVE SPECIFICATIONS IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND, THEREFORE, NOT FOR CONSIDERATION ON MERITS.
DATA CARD CORPORATION:
BY LETTER DATED JULY 23, 1980, DATA CARD CORPORATION (DATA) SUBMITTED A PROTEST TO OUR OFFICE AND TO THE CONTRACTING ACTIVITY ALLEGING UNFAIR AND RESTRICTIVE SPECIFICATIONS IN SOLICITATION NO. MDA903-80-B-0101, ISSUED BY THE DEFENSE SUPPLY SERVICE, FOR LARGE MAILING SYSTEMS AND SERVICES. DATA'S PROTEST WAS FILED (I.E., RECEIVED) IN OUR OFFICE ON JULY 28, 1980, AND BIDS WERE TO BE OPENED ON JULY 24, 1980. WE ARE ADVISED THAT THE PROTEST TO THE CONTRACTING ACTIVITY WAS NOT RECEIVED PRIOR TO BID OPENING.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 20.2(B)(1) (1980). THE TERM "FILED," AS USED IN THIS SECTION, MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN OUR OFFICE, AS THE CASE MAY BE. 4 C.F.R. SEC. 20.2(B)(3) (1980).
SINCE THE PROTEST QUESTIONS THE SPECIFICATIONS, IT RELATES TO AN ALLEGED IMPROPRIETY IN THE SOLICITATION WHICH WAS APPARENT FROM THE IFB PRIOR TO BID OPENING AND ANY SUCH PROTEST FILED THEREAFTER IS NOW UNTIMELY AND NOT FOR OUR CONSIDERATION. KREONITE, INC., B-199361, JULY 22, 1980, 80-2 CPD ; H & M TENT CORPORATION, B-196616, DECEMBER 19, 1979, 79-2 CPD 421; DENNISON KYBE CORPORATION, B-196655, NOVEMBER 28, 1979, 79-2 CPD 378.
ACCORDINGLY, THE PROTEST IS DISMISSED.